Draft Communications Data Bill - Joint Committee on Human Rights

Parliament’s Joint Committee on Human Rights has asked for evidence on the draft Communications Data Bill, so I’ve sent in a Janet submission pointing out the human rights issues that could be raised by the Bill for network operators. First is the fact that the definitions in the Bill would allow data collection and retention obligations to be imposed on any "telecommunications provider" - i.e. any organisation and most households - whereas the current Data Retention Regulations only apply to public communications services. Second the power created by the Bill is very wide, allowing the Secretary of State to order any action so long as it facilitates access to communications  data. Such actions could include interference with fundamental rights of individuals (privacy and the right to send and receive information) and organisations (the right to conduct business), however it's impossible to tell from the Bill whether the powers will actually be used in such ways. We've therefore recommended that rather than attempting to assess human rights compliance once, during the passage of the Bill, this needs to be checked each time the power is exercised.